Third-party statements require cross-examination for tax additions, says ITAT; unsupported disclosures insufficient.

The ITAT held that a statement/document received from a third party cannot be relied upon for making an addition u/s 69A, without giving the assessee an opportunity to contradict the same and cross-examine the person who gave the statement/document. The suo-moto disclosure made by the assessee before the Settlement Commission, without corroborative material/evidence, cannot be the basis for making an addition. In the present case, except for a letter filed before the DCIT/Settlement Commission, there was no other corroborative material/evidence for sustaining the addition. Moreover, no opportunity was given to the assessee to cross-examine the person who made the disclosure/issued the letter relied upon for the addition. Consequently, the addition was held unsustainable and deleted in favor of the assessee. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X